QLD Legal Aid, Family Law, Dvo/Avo and the whole 9 yards

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Migz

Well-Known Member
20 November 2016
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So, I have a question someone in the know can answer.

If Ms X, and Mr Y, are going though family court, and Ms X is represented by legal aid.
Ms X then takes out a dvo/avo/ivo against Mr Y
Mr Y does the agree without contest (what ever its called)
Ms X then gets a trivial breach put on Mr Y, Mr Y pays the fine and moves on.
Now because this has taken place, and even though Ms X refuses to talk to Mr Y in any way shape or form with regards to the childs best interests and refuses to co-parent whatsoever (and Mr X is now allowed in the Fed Court Orders to email Ms X)

Normally at this stage Legal Aid say to Ms X to start acting like an adult or we will pull your funding, yet what I have heard recently is that because a breach was carried out on Ms X that Legal Aid must now fund the Family Court Hearing all the way through the trial as well?

Can anyone confirm or deny that this is now a practice of Legal Aid?
 

sammy01

Well-Known Member
27 September 2015
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Don't know - but It would not surprise me at all.

Far more likely that the breach adds to the case for needing legal aid.